Translate

Sunday, 21 August 2011

1. Delivery Ways :-
When goods are sold then delivery can be made by symbolic, actual or constructive way. It depends upon the parties that which way they adopt.

2. Time of Delivery :-
The seller should deliver the goods on a specified date. If the time is not fixed then delivery should be with in a reasonable time.

3. Payment And Delivery :-
Both the actions should be at the same time. The buyer should make the payment and seller should deliver the goods in exchange of payment at the same time, just like the cash sale on the customer of a super stores.

4. Place of Delivery :-
A delivery of goods should be at a specified place mentioned in the contract.Example :- "X" agrees with "Y" to supply furniture on 38-Tipu Road Ahmadabad. "X" is bound to supply the goods on the same place, where parties made contract.

5. Delivery Expenses :-
The expenses of putting the goods into deliverable state must be born by the seller, otherwise as the parties agree.Example :- "X" sells the T.V to "Y". The expenses of packing the T.V will be born by the seller.

6. Delivery to Carrier :-
When seller is required to send the goods to the buyer, the delivery to carrier is considered delivery to the buyer.Example :- "X" sells computer to "Y". "X" handed over the computer to the carrier to be delivered to "Y". it means delivery has been made.

7. Defective Delivery :-
A buyer can reject or accept the defective and wrong delivery. In case of rejection buyer is not bound to return it to the seller.Example :- Mr. Imik buys 1000 books of Economics from Khan publishers. Publishers sends 500 books. Mr. Imik may reject the whole or accept 500 and ask for the rest.

8. Good In the Custody of Third Party :-
If the sellers goods are in the custody of the third party, the delivery is not possible until the third party agrees to handed over the sold goods to the buyer on behalf of the seller.Example :- "M" has his cycle in the store of "Y". "M" sells the cycle to "B" and gives him letter to take from "Y". "Y" agrees to deliver the cycle to "B".

9. Delivery in Installments :-
The buyer is not bound to receive the goods in installments but if the buyer and seller are agree then the delivery of goods may be made in installments.

10. Buyer Should Apply for Delivery :-
It is the duty of the buyer that he should apply for the delivery of goods. The seller is not bound to supply the goods without the demand of the buyer. If seller fails to supply the goods on demand then he will be held responsible.

11. Partial Delivery Effect :-
If some portion of the goods has been made with the intention of delivering the rest of goods then the ownership of the whole goods is deemed to pass to the buyer as some portion is delivered.Example :- "X" sold 10 bikes to "Y". "Y" received 5 and paid their price. "Y" refused to accept the rest 5 bikes. It was a partial delivery.

12. Refusal of Buyers Liability :-
When seller is ready to sell the goods. While buyer is not ready to accept the delivery, then buyer will be liable to the seller for the loss arising due to his refusal.Example :- "X" agrees to sell out ten bags of apples to "B". "B" refuses to take delivery. Apples destroy and "X" suffers a loss. "X" is entitled to claim damages from "B".

13. Acceptance Of Buyer :-
The buyers acceptance can be judged by the following facts :

1. Buyer himself can intimate the seller that he has accepted the goods.

2. By his any action related to the goods like resale or by pledge.

3. When he retains for a reasonable time, it means he has accepted the goods.